Babu vs. Rati Bai

M.C.C. No.1976/2014 1

22.09.2014

Shri Abhijeet A. Awasthy, learned Counsel for the applicants.

Shri Amit Dubey, learned Counsel for respondent No.6.

Heard on I.A. No.12908/2014, an application for condonation of delay in filing the MCC.

For the reasons stated in the application, the same stands allowed. Delay in filing the MCC is condoned.

Heard on the question of admission.

This M.C.C. is filed for restoration of M.A. No.2645/2010, which was automatically dismissed due to non-compliance of common conditional order passed by this Court on 31.01.2014.

It is contended by learned Counsel for the applicants that since he could not trace out the case in the cause list on the date when it was listed, he was not aware of the order passed by this Court. Since the peremptory order of this Court could not be complied with within stipulated time and default could not be removed, therefore, the Misc. Appeal was dismissed for non-compliance of the order. If the Misc. Appeal is not restored, the applicants would suffer irreparable loss. The applicants are very much interested in prosecuting the appeal. Such contentions are supported by an affidavit of counsel for the applicants.

Considering the aforesaid, this M.C.C. is allowed. Let M.A. No.2645/2010 be restored on its original number on making the default good within a period of 15 days

M.C.C. No.1976/2014 2

from today, failing which the order of dismissal of Misc. Appeal would remain operative. In case of restoration, the Misc. Appeal be listed before appropriate Bench for hearing.

The M.C.C. stands allowed and disposed of.

(K.K. Trivedi) Judge

Skc